beta
(영문) 수원지방법원 성남지원 2015.05.13 2015고정300

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who drives a passenger car in his own possession.

On December 25, 2014, at around 00:40 minutes, the Defendant is driving a vehicle on the front road of the Nakdongwon River located in the Gupo-Eup in the Gupo-si in Gwangju Metropolitan City.

Since there are reasonable grounds to recognize that a motor vehicle was driven under the influence of alcohol, such as the occurrence of a traffic accident caused by the gas source in front of the lab, and the police box sent out after receiving the report of 112, by Defendant D’s entrance to the police box, and the vehicle was driven under the influence of alcohol, the vehicle was not driven under the influence of alcohol, even though it was demanded due to the respiratory survey to respond to the measurement of alcohol without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. A report on detection of a host driver;

1. The user ledger of the measuring instruments for drinking;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Articles 148-2 (1) 2 and 44 (2) of the Criminal Act concerning the selection of criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;